Police check cell phone records to see if driver in fatal crash was texting

LAS CRUCES — The horrific Halloween car crash that killed a teenager and his mother on U.S. 70 remains under investigation by police, with detectives looking into the possibility that the surviving driver was texting as she drove, according to a search warrant filed in Magistrate Court.

As detailed in the warrant, LCPD found a cell phone inside the small SUV of Shauna Halladay, then later received an emailed tip from a person claiming that Halladay was manipulating her phone moments before the fatal crash.

Las Cruces Police Department spokesman Sgt. Roberto Gutierrez was quick to point out, despite the details in the warrant, that checking data contained inside cell phones and associated records from cell phone carriers — requested by police in the warrant —is a typical part of the investigation after such a crash.

Halladay's attorney, Mark Pickett, declined to elaborate on her perspective of the crash, but added, "there have not been any criminal charges against her and I don't anticipate there will be."

As LCPD collected evidence from the scene, an officer picked up an iPhone from near the driver's-side door pocket, then pressed a button to wake it up. That immediately revealed a text message screen, "which indicated that the phone user was about to send a text message," the officer wrote in the warrant.

Gutierrez said it's possible various impacts of the chaotic crash could have called up the text screen.

The officer also reported seeing a "Z' next to a cursor on the phone's screen, as the smashed vehicle sat near Bataan Memorial East.

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The small SUV landed there, investigators determined, after veering through the median, ramping into the air then scraping over the top of an eastbound Daewoo sedan. After Halladay's maroon Isuzu hit the sedan — killing both of its passengers — the SUV rolled 360 degrees, ejecting her.

Halladay, interviewed at an El Paso hospital, did not mention texting. She told another officer that she veered off the highway because another vehicle had crossed into her lane, according to the warrant.

Results of the preliminary investigation described in the police report indicated she abruptly steered her Isuzu left, evidenced by distinctive tire skid marks, eventually crossing into the median.

Halladay could not be reached for comment. The listed owner of the Isuzu, Retha Muñoz, also declined to talk about the crash. She referred all questions to Pickett.

Gutierrez said that obtaining data from cell phone carriers can take as long as 120 days, depending on their level of cooperation.

Pickett said he knew Halladay's family before they hired him. He said that multiple phone calls from an insurance company and reporters prompted Halladay's family to retain his services — not the expectation of criminal charges.

The search warrant also granted police permission to scour the Isuzu for evidence, including a mechanical inspection and any electronic crash data stored by the SUV. According to the warrant, police also wanted more details about a bottle of prescription drugs found inside Halladay's Isuzu. The bottle had her name on it, police said.

Halladay has been home from the hospital for some time, but continues to recover, Pickett said. The private, joint funeral for two killed in the crash, Marcia Parra, 35, and her son Keian Padilla, 15, was held last month.

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley